Continuing from Criminal Defense Strategies: Appealing a Conviction (Part 1), the following is some further information regarding appealing convictions in criminal cases. While Part 1 of this blog concentrated on defining what an appeal is and what it can mean to a case, here in Part 2, we will focus on the specific grounds for an appeal in a criminal case.
Grounds for Appeals
In order for an appellate court to approve the appeal of a conviction, the convicted individual has to be able to prove that one or more of the following factors (known technically as “grounds for appeal”) were involved in the initial trial or case that resulted in the conviction:
- Evidence that should not have been admitted in the case was admitted.
- There was not sufficient evidence in the case to warrant a guilty verdict.
- The jury was not given property instructions regarding how to deliberate the case (or was otherwise misinformed about legal definitions, sentencing, etc.).
- The jury did not conduct itself properly during deliberations (by, for example, using drugs or alcohol or communicating with witnesses or the prosecutor during the trial).
- The defense lawyer somehow provided inadequate defense representation for the convicted individual (to prove this, the convicted individual must be able to prove that the outcome of the case would have been different if not for the defense lawyer’s actions).
Denver Criminal Defense Lawyers
The authorities take allegations of felony crimes, particularly when they have allegedly been committed by individuals who have a criminal record or when they involve victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.